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KENTOPP v. KENTOPP

Nos. 42933, 42934.

295 N.W.2d 275 (1980)

206 Neb. 776

John Eric KENTOPP, Appellee, v. Marvin KENTOPP et al., Appellants. In the Matter of the ESTATE of Fred KENTOPP, Deceased. Archibald J. WEAVER, personal representative, Appellant, v. John Eric KENTOPP, Appellee.

Supreme Court of Nebraska.

July 22, 1980.

Attorney(s) appearing for the Case

Weaver, Beekman & Merz, Falls City, for appellants.

Lantzy & Parsons, Falls City, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

McCOWN, Justice.

These two partition cases, which have been consolidated in this court on appeal, involve the same parties and the same real estate which was owned by a decedent whose estate was in the process of probate in the county court of Richardson County, Nebraska. One of the two cases was filed in the District Court and one was later commenced in the county court. The District Court determined that it had acquired jurisdiction first because the District Court...

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